Procedure Procedure for dismissal of a civil servant

20.10.2019
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5 minutes.

The civil service is significantly different from the usual places of employment. Termination of a regular employment contract is regulated by the norms of the Labor Code of the Russian Federation; dismissal from the civil service has a number of features and differences that cannot be ignored. In order to correctly complete work in the public sector, it is important to clarify the nuances of the procedure - procedure, grounds - before writing a letter of resignation.

Dismissal from civil service: grounds

Public service should be understood as professional activity in the government apparatus and relevant departments. Who are civil servants:

• Officials.
• Secretaries, specialists and other workers employed in government organizations.
• Some employees of the Ministry of Internal Affairs and the Ministry of Emergency Situations.

The civil service is divided into two types, according to the Federal Law “On the Civil Service System of the Russian Federation”:

When a civil servant is employed, not an employment contract is concluded with him, but a service contract, which is terminated on the grounds specified in Art. 33 Federal Law “On the Civil Service of the Russian Federation”:

• Agreement of the parties.
• Termination.
• At the request of the employee.
• At the initiative of the employer.
• Due to transfer to another position.
• A significant adjustment to the terms of the contract, resulting in the civil servant’s resignation from his position.
• Transfer of a government agency to another location followed by the employee’s refusal to move.
• Termination of Russian citizenship of an employee.
• Failure to comply with the terms of the contract.

Also, the reason for breaking the contract may be a violation of the prohibitions specified in Art. 17 of this law:

• Election to an elective position in local self-government bodies.
• Engagement in commercial activities.
• Inconsistency with the position held.
• One-time gross violation.
• Purchasing prohibited securities to generate income.
• Receiving remuneration from legal entities and individuals for actions related to the performance of official duties.
• Incorrect behavior in front of the media, rude statements.
• Participation in foreign commercial and non-profit organizations.

Here the grounds are comparable to the norms of Art. 81 of the Labor Code of the Russian Federation, but federal laws apply to civil servants.

Types of dismissal

On their own initiative

According to Article 36 of Federal Law No. 79, any employee serving in government bodies can resign from the civil service at any time of his own free will, having previously notified his superiors. Two weeks before the proposed dismissal from the state and municipal service, a corresponding application is drawn up. work for two weeks before leaving . During this period, management searches for a new employee to take his place or holds a competition for a vacancy.

At the initiative of the employer

Article 37 of Federal Law No. 79 contains grounds for dismissal of a civil servant at the initiative of the employer. These grounds largely overlap with Article 81 of the Labor Code. Reasons for removal from official duties may be as follows:

• inadequacy for the position held (due to health, lack of qualifications or due to loss of confidence);
• failure by an employee to fulfill his work duties (at least one disciplinary sanction is required);
• due to absenteeism, drunkenness in the workplace, disclosure of secrets, theft and other crimes, etc.

For circumstances that are beyond the control of either the civil servant or the employer

A separate case is the liquidation of a government body or institution, as well as various reductions. This circumstance does not relate to the initiative of the employee or the initiative of the employer. In such a situation, the civil servant may be offered another position according to his education and qualifications. In some cases, an employee may be sent for retraining or professional development. If an employee refuses the proposed options, he is fired.

Reference! In case of reorganization of the department or reduction of personnel, management is obliged to notify employees about this 2 months in advance.

In connection with the translation

If a civil servant is expected to be transferred to another locality, his superiors are required to notify him of this two months in advance . In a situation where a government employee does not want to be transferred, according to Article 1 of the Federal Law “On the State Civil Service of the Russian Federation,” this may be grounds for his removal. In this case, the employee is paid two weeks' severance pay .

For health

According to the first paragraph of Article 37 of the Federal Law “On the State Civil Service of the Russian Federation,” health status may be grounds for dismissal of a civil servant. This reason falls under the category of the employee’s inadequacy for the position held. Dismissal from the state civil service occurs on the basis of a medical report .

Due to death

In the event of the death of an employee, according to the labor code, a corresponding order . The document that serves as the basis for issuing such an order is a death certificate . The order only requires the signature of the manager ; the signature of a relative is not required.

Legislation

The specifics of terminating contracts with civil servants are regulated by the Federal Law “On the State Civil Service of the Russian Federation”. Only on the grounds specified in it, employees can be dismissed from government agencies.

Memo to civil servants upon dismissal

When a government employee is dismissed (regardless of the reason), he is issued a special document on the day of dismissal. This is a memo that sets out the requirements (as well as the need to comply with them) for the official conduct of state civil servants. Such a memo is issued to employees who held positions from the head of a department to the deputy minister.

How can a civil servant resign at will?

If the employee decides to resign on his own initiative, he must submit an application 2 weeks before the expected date of termination of the contract . What the procedure looks like:

1. The HR department receives the application in free form, the employer or his representative decides on the need for two weeks of work.
2. The employer draws up an order in form T-8 indicating the reasons and introduces it to the employee against signature.
3. On the last day of work, all payments are made and the work book is filled out. (For information on how to correctly write a resignation letter, see here ⇒ Sample resignation letter from the Federal Civil Service).

Dismissal procedure

The procedure for dismissing a government employee at the initiative of his superiors is as follows:

• the employee is invited to the personnel department of the relevant department, where he is familiarized with the dismissal order and signs;
• the employee receives a bypass sheet and begins the process of transferring his cases in accordance with the procedure established by the department;
• on the day of dismissal, the employee arrives at the HR department, submits a walk-in sheet and receives a copy of the order and work book.

In case of voluntary dismissal, the process is similar:

• the employee arrives at the personnel department of his department and provides a corresponding statement, written in his own hand;
• the following steps are similar.

Notification

In the case where an employee quit (or was fired) from the public service and then entered into a new employment contract (it does not matter where), his new employer is obliged to send a corresponding notice to his previous place of work.

Reference! The notification is sent within 10 days from the moment the former civil servant is hired for a new job. In this case, the reasons for which he stopped working in government bodies do not matter.

Order of dismissal

The dismissal order has the form T-8 . However, according to the law, such a form does not have a strictly established form, and each department can issue its own document or draw it up in free form.

Calculation

Regardless of the grounds for removal from service, the employee is paid all wages for the period worked , as well as all bonuses, allowances, benefits, etc.

In the event of liquidation of the department or staff reduction, the employee receives compensation, the amount of which is four months' salary.

If an employee refuses to be transferred to another place of work, he is suspended and paid an allowance in the amount of two weeks' earnings.

Dismissal of a civil servant due to staff reduction

According to Art. 38 of the law, when a layoff contract is terminated two months before the upcoming event, the employer’s representative is obliged to inform the trade union body and employees whose positions are planned to be cut about this . How it's done:

1. The employer's representative provides each employee with a notice of layoff against signature 2 months before termination of the contract. The document indicates the positions to which you can transfer.
2. Written refusals are taken from those who did not want to move to available vacancies and decided to quit.
3. Orders are left for each employee to terminate contracts due to layoffs.
4. Workers are introduced to the orders against signature.

Within two months after dismissal, civil servants are paid compensation in the amount of average monthly earnings.

Required payments and compensations

Additional payments are possible in cases where termination of the contract occurs due to the fault of the employer - liquidation of the organization, downtime, staff reduction, etc. In this situation, a civil servant can claim compensation in the amount of wages for 4 months (and in the regions of the Far North - up to six months).

To receive one, you must register with the Employment Center. Then provide documentary evidence that within the requested time (from 4 to 6 months) the organization was unable to employ the former civil servant.

Dismissal of a civil servant at the request of the employer's representative

If the initiator of termination of the contract is not an employee, but a representative of the employer, it is necessary to be guided by the grounds specified in Art. 37 Federal Law No. 79-FZ. It all depends on the specific situation:

• When an employee has committed a one-time gross violation (being intoxicated at work, an immoral act, etc.), this fact must be recorded in an appropriate act. This also includes absences without good reason.
• If an employee appears drunk, a medical examination report is required.
• It is impossible to terminate a contract without a preliminary internal inspection in order to collect evidence of the employee’s guilt.
• At the end of the inspection, an order to terminate the contract is drawn up and given to the employee for signature.

“The concept of “good reason” is not established anywhere by law, so absenteeism here means absence from work due to the illness of a loved one, utility problems, etc., when it will not be possible to fire someone for absence from work,” says Kirilin A. V., honorary professor of the Russian Academy of Natural Sciences and candidate of historical sciences.

If dismissal is made due to inadequacy of the position held or insufficient qualifications, a conclusion from the certification commission confirming this fact will be required..

Features of the procedure

Service legal relations that develop between a state civil servant and an employer are regulated by Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation.”

Reception, performance of labor functions, as well as dismissal from service occur not in accordance with the Labor Code of the Russian Federation, but with the said law. The general grounds for dismissal of civil servants are listed in Article 33 of Federal Law No. 79-FZ.

Persons holding positions in the state civil service should be distinguished from persons serving in law enforcement agencies and military and paramilitary organizations. Legal relations arising in the performance of their duties are regulated by specialized legislation and do not fall under Law No. 79-FZ.

Dismissal from civil service upon reaching the age limit

On May 11, 2016, the State Duma adopted Federal Law No. 146-FZ, according to which the retirement age of civil servants should be increased according to the following scheme:

If the dismissal is made in connection with the employee reaching retirement age, an appropriate order is prepared indicating this reason. All payments and compensations in the amount of several official salaries are transferred to the employee .

Notice of hiring of former officials

If a former official who concealed the fact that he served in state or municipal service for the last 2 years is found to be the culprit of the violation, then he is subject to dismissal without payment of severance pay and without offering him another job that he could perform.

As you know, on December 25, 2021, Federal Law No. 273-FZ “On Combating Corruption” was adopted, the adoption of which led to adjustments to Russian legislation, including labor legislation. It was at that time that Article 64.1 was introduced into the Labor Code, which established the obligation for former officials to inform their new employers about their previous place of service, and employers, in turn, are obliged to inform the former employer of state or municipal employees in writing within ten days about the fact of hiring the work of a former official. Such an obligation both for the former official and for his employer, from the point of view of Art. 64.1 of the Labor Code of the Russian Federation, remains for two years after dismissal from state or municipal service. This norm came into force on January 10, 2021, but in fact it was not applied, which was confirmed by letter of the Ministry of Health and Social Development of the Russian Federation dated April 24, 2021 No. 3854-17.

Is it possible to be reinstated in the civil service?

If an employee resigns voluntarily, he has 2 weeks to withdraw the application. Once the termination of the contract has already occurred after the expiration of the two-week period, it is impossible to return to service. In this case, you should contact the employer's representative and find out if the position you are interested in is available. If the answer is positive, you can find a job again.

If the termination of the contract occurred at the initiative of the employer and the employee considers it illegal, he must go to court and file a statement of claim, which will indicate the legal grounds on which the dismissal should be considered unlawful, as well as all the circumstances of the case.

When can you fire a civil servant: grounds

By law, state civil servants can be dismissed in the following cases (Article 33 of Federal Law 79-FZ):

• when the employee and the employer’s representative reach an agreement regarding termination of the service contract;
• at the initiative of a civil servant;
• at the initiative of the employer;
• due to circumstances independent of the will of the parties to official legal relations;
• in connection with non-compliance with restrictions or violation of prohibitions established by law for this category of persons;
• due to the expiration of the service contract;
• in case of liquidation of a state institution;
• when reducing the number or staff of civil servants;
• on other grounds listed in Law No. 79-FZ.

Most common mistakes

Mistake #1. When dismissing an employee due to staff reduction, it is not necessary to take a signature from him; a verbal notification is sufficient.

No, a written notice must be drawn up for each employee, otherwise the employer’s actions will be considered illegal. Example:

Artemyeva O.I. filled the position of head of the methodological department of the Sports Department. By order of the employer, she was dismissed under clause 6 of Art. 33 of the Federal Law “On Civil Service”, she did not receive notification of staff reductions. Subsequently, she appealed the manager’s actions in court, and the court decided to reinstate the employee on two grounds:

• She was not offered any vacant positions.
• She was not notified in writing about the layoff

Mistake #2. An employee can be fired for a single absence.

If an employee was absent only once and explained the reason, theoretically he can be fired, but in practice, in most cases, when going to court, violators manage to be reinstated at work. It is more reasonable to apply another disciplinary sanction - a reprimand or reprimand.

Is it possible to terminate a service contract on your own initiative?

Of course you can! This is stated in Article 36 of the Civil Service Law. In this case, there are no peculiarities or differences between a civil servant and any other working citizen.

A civil servant has the right to leave work, that is, to interrupt the performance of a service contract on his own initiative, by notifying the employer’s representative (who is usually the head of a government agency) through the personnel service in the form of a written statement two weeks before the intended dismissal.

Moreover, if an employee decides to resign due to the impossibility of continuing to perform the duties required by his position (for example, illness) or if the reason was a violation of the terms of the contract on the part of the employer, the voluntary dismissal must be made within the period specified by the employee in the application.

An employee can withdraw a resignation letter at any time before the expiration of the service period (for example, if he changes his mind or circumstances have changed), however, only if a new employee has not yet been invited to the vacated position.

FAQ

Question No. 1. To whom should a medical report be given if a civil servant is going to resign for health reasons?

All documents are provided only to the HR department.

Question No. 2. Is it possible to somehow confirm absenteeism for a good reason in order to avoid dismissal?

Yes, you can. It all depends on the situation: if you get into an accident while driving to your place of work, you will need a certificate from the traffic police. If a relative falls ill and requires emergency hospitalization, it is advisable to provide a certificate from a medical institution.

Statement

There is no unified application format; for this reason, it is drawn up either in free form or on special forms based on a sample for a specific government agency. For this reason, you can either draw up a written statement of a standard form, or contact the personnel department to draw up a letter of resignation based on the sample of your government agency.

For the convenience of drawing up an application in a standard format, you can use the sample by downloading it from the link below.

Application for resignation from the civil service at your own request download in .doc format

In addition to the application for voluntary resignation, you will need to receive a walk-through sheet and an order to leave the state. Most of the paperwork is taken care of by employees of personnel departments; they also remove you from the register of civil servants upon dismissal and transfer your personal file to the archive.
For this reason, after filling out the bypass sheet and after the expiration of the service period, you will already receive a work book and a corresponding reminder about the rules of conduct after public service.

How to notify a former civil servant of dismissal from an LLC

Employers can familiarize themselves with the relevant lists of state or municipal service positions on the official websites of federal or regional government bodies, as well as local government bodies in which the new employee previously served. Information about the inclusion of a particular position in the lists can also be obtained upon request from the federal or regional authorities or local governments in which the employee previously served.

• last name, first name, patronymic of the employee, including previous data if they have changed;
• day, month, year and place of birth of the employee;
• the position that the employee filled immediately before dismissal from the state or municipal service, in accordance with information from the work book;
• full name of the employing organization, as well as an abbreviated name if available.

Notice of hiring a former civil servant

If an employer does not enter into an employment contract, but a civil and private employment agreement with a former employee, this does not mean that it will not be necessary to submit a notice. However, here it is necessary to take into account some features. If for an employee whose position is included in the lists and with whom an employment contract is concluded, a notification is always submitted, then under a GPC agreement - only under certain conditions. A notification regarding the concluded GPA will need to be submitted if (part 1, 4 of article 12 of the Federal Law of December 25, 2021 No. 273-FZ, clause 2 of the Resolution of the Plenum of the Supreme Court of November 28, 2021 No. 46):

In order for an employer to make sure that the position of a former employee is included in the lists, and, therefore, such an employer needs to submit a notification for a new employee, he can (clause 1, clause 51 of the Methodological Recommendations, approved by Letter of the Ministry of Labor dated 05/11/2021 No. 18-4/ 10/P-2943):

Payments

• salary, already earned by that time, corresponding to the official’s class;
• payment of bonus;
• compensation for special working conditions;
• for working with restricted information;
• additional payment for total length of service in state budgetary structures;
• make a refund for unused vacation;
• compensation for unused financial aid.

The employer bears financial responsibility for the delay in labor documentation in the amount of the employee's monthly salary, as well as the obligation to pay compensation for the delay of all amounts that were not paid upon dismissal.

Typically, the employer justifies his actions by the fact that the employee has a debt. If he is a financially responsible person, then, for example, he must reimburse some amounts to the employer. And until these amounts are reimbursed, the work book will not be issued. These actions by the employer are illegal. If the employee actually caused material damage, then the employer has every right to recover it through the court within three years from the date of causing this damage. You don't need a work book for this. There can be no talk of any offset between the amounts due and the hypothetical financial liability imposed on the employee for damage to the employer.

Payments, compensation, amount

Payments when laying off a civil servant are calculated from:

• monthly salary;
• additional payments for class rank;
• bonuses for length of service;
• special conditions of civil service;
• working with information constituting state secrets;
• monthly cash incentives;
• bonuses;
• unused vacation days.

Payments are calculated based on the salary for the previous 12 months, and this payment is paid over four months.

If a laid-off employee contacts the employment authorities within a month and is not employed before the expiration of the four-month period, he receives the right to maintenance during the fifth and sixth months of unemployment.

All of the above amounts are added up and divided by 12 months, the amount received in the end will be compensation for layoffs from the state civil and municipal service. Personal income tax compensation is not subject to tax.

Frequently asked questions about reducing the notice period for dismissal

1. The law establishes the conditions for reducing the two-week period:
2. By agreement of the parties, expressed in writing, no oral agreements are allowed. Otherwise, dismissal for absenteeism if the procedure is not followed.
3. Retirement of an official.
4. Upon admission to an educational institution.
5. Detected episodes of violation by the employer of the norms of the Labor Code of the Russian Federation, local regulations, collective agreements, labor agreements, confirmed by administrative documents or court decisions. That is, certain decisions of the labor inspectorate, decisions of the district court, and the like.
6. Appointment to another post.

Under these circumstances, dismissal will take place on the day indicated by the employee’s statement.

During the two-week period after writing the application, the civil servant has the right to change his mind and cancel his application, and this must be documented.

Special cases

The dismissal of a civil servant does not always follow the classic scenario. Sometimes you have to leave your job under certain circumstances. And then the rules for working off and dismissal may turn out to be slightly different.

Dismissal while on vacation

During vacation, the employer himself cannot fire a civil servant. But the employee has such an opportunity. Moreover, you can act in two ways:

1. When writing a letter of resignation already during vacation, the rule about dismissal 2 weeks in advance applies. The countdown of this period will begin from the next day after the document is delivered to the employer. The allotted 2 weeks can fall entirely on vacation days, and then there will be no need to actually work them out. If only part of the term will be on vacation, then after leaving the remaining time you need to work, and only then can you leave work.
2. Write an application for leave followed by a statement. This is a completely different procedure. Then the day of dismissal will be considered the last day of vacation, even if its duration is more than 2 weeks of work.

Which option is better to choose is up to the employee himself to decide, because different situations may arise in life.

Dismissal during the probationary period

Even civil servants who come to work for an organization can be placed on a probationary period. Moreover, this is the time not only for the employer to evaluate the skills, abilities and other characteristics of the employee, but also for the employee himself to make a decision - to stay in a new place or to find a more suitable job for himself.

Both parties can terminate the contract during the trial period or immediately after it. If the civil servant himself decides to resign, he must inform the new employer of his decision. This must be done subject to certain conditions:

• the notification must be in writing (it is not necessary to hand it in person - you can send it by registered mail, for example);
• the document is provided 3 days before the day of dismissal, that is, it is no longer 2 weeks, but only 3 days of work.

Interestingly, you can quit your job during sick leave or vacation. Such actions are prohibited only if the initiator of the severance of the employment relationship is the employer.

If a civil servant hired for a probationary period has not yet started work, then the concluded contract can simply be cancelled.

In general, dismissal without service is not provided for either ordinary employees or civil servants on a probationary period. In such a situation, it is better to try to negotiate with the employer. If the issue of dismissal is not important to him, he will agree to terminate the contract in advance.

Order to dismiss a civil servant at his own request

Trust is also lost when confidential information is disclosed, in the absence of action in the fight against corruption, or when the fact of his entrepreneurship is discovered. Dismissal by agreement of the parties from the civil service One of the main grounds for terminating a contract is the signing of an agreement on dismissal from the civil service.

• If a civil servant is not suitable for his position, then before terminating the contract he should be offered an alternative job in the same institution (Article 37 No. 79-FZ);
• If the state of health of a civil servant is so deplorable that he is unable to perform any duties within the framework of the public service, then it is considered that his dismissal occurs due to circumstances beyond the control of the parties (Article 39 No. 79-FZ);
• If an employee refuses to take an alternative position offered to him, then he is obliged to submit a written refusal to the employer (Art.

Dismissal of civil servants from their positions

It is possible to relieve a civil servant from his position. In this case, the service contract is suspended for some time. Often such release is associated with a misdemeanor when the employee is not fired, but is included in the reserve for a new position .

Let's give an example.

The employee received a disciplinary sanction and the question of his dismissal arose. But since he has a wealth of experience and is valued by management, they did not fire him immediately, but included him in the personnel reserve.

The contract is suspended in the following cases:

1. Call for service
2. Election to the trade union
3. Emergency

In these situations, the employee is also included in the personnel reserve. But it is worth considering that if the circumstances cease and the employee is not appointed to the position within 3 months, then he must be dismissed and removed from the register.

Dismissal of a municipal employee

1. The employee’s state of health that prevents further work.
2. Insufficient level of qualifications, provided that such a fact is confirmed by the results of a knowledge test.
3. Committing guilty actions that became the reason for the loss of trust in a specialist.
4. Misconduct on the part of an employee who has previously been subject to disciplinary measures.
5. Absence from work for more than four hours continuously.
6. Coming to the organization under the influence of alcohol or illegal drugs.
7. Disclosure of information protected by law to unauthorized persons.
8. Theft of material assets or property of employees, provided that this is established on the basis of a decision of a court or other authorized body.
9. Violation of labor safety rules, if this was the cause of an accident or incident.
10. Making an unreasonable decision that led to the loss, damage or illegal use of the organization’s property. This rule applies to employees holding managerial positions.
11. Submission by a person of false information and data about himself when applying for a job.
12. Restricting access to information resources if their use is required for the full implementation of professional activities.
13. Abolition of the current position.
14. Liquidation of the organization.

The preparation of such paper is governed by general rules. In the text, in addition to the mandatory information about the parties to cooperation, it is necessary to indicate the date and reason for dismissal from the position, as well as information about payments due to the employee. In this case, reference is made to an article of a special law.

Procedure for dismissal from the state civil service

Of course, the procedure for dismissal from the civil service has its own characteristics, however, the termination of employment relations occurs according to the usual scheme, which is known to all personnel officers and people who have quit their job at least once.

Upon termination of service on his own initiative or by agreement of the parties, the employee writes and submits a report to the personnel department 14 days in advance. If there are other grounds, the employee receives the corresponding order, also 14 calendar days in advance.

If the time of dismissal occurs during the probationary period (which in the civil service can be a year), he receives notice of dismissal three days in advance.

Article 33 of the Law specifies the grounds for termination of official relations:

• expiration of the concluded contract;
• agreement reached between the parties in official relations;
• death of a civil servant (or other reasons beyond the control of the parties);
• own initiative;
• initiative of management (if there are existing reasons - absenteeism, health status, repeated violation of labor discipline);
• translation;
• refusal of an employee to move with the government agency itself;
• loss of Russian citizenship;
• non-compliance with restrictions related to civil service (entrepreneurial or any commercial activity);
• refusal of an employee to another position offered to him by a medical report.

Notice of dismissal of a former civil servant

But with officials, who are employers, things are not so simple, given the decent size of the fines. Many of the violators try by any means to avoid punishment by falsifying facts and dates, which entails not only punishment for an existing violation, but also adds new ones. After all, over the 5 years of operation of the justice system, the proof scheme has been worked out, and we should not forget about the prosecutor’s office’s ability to request any data from almost all organizations, from the post office to Internet providers.

But for the employer, in case of failure to comply with the agreed standards, more stringent measures are provided, namely a fine, the amount of which will depend on the form of ownership of the enterprise, which means that regardless of whether the employer is a large enterprise or an individual, they are obliged to comply with the law .